Ten White and two Black jurors were unable to decide on a verdict.
The DuBose family is refusing to speak with the media, but is requesting a new trial from prosecutor Joe Deters. Jurors deliberated for 25 hours before determining they could not reach a unanimous verdict on Sunday.
The trial against Tensing was on a charge of manslaughter. However, members of the DuBose family are eager to see him tried on a murder charge.
“My mother said she would rather a not guilty on the right charge, than a guilty on the wrong one…Because Sam deserves justice,” Sam DuBose sister, Terina DuBose, said.
Although the family has not criticized the disproportionate number of White jurors tasked with reaching a verdict, his sister has spoken out about how well the prosecution was able to prove that Tensing’s motive was not self-defense and that DuBose did not resist arrest or speed away from the traffic stop, as Tensing alleged.
DuBose, 43, had been stopped over a missing front license plate. Graphic video shows tensing shooting DuBose in the head during a traffic stop as he apparently moves his car. Tensing’s lawyers have maintained that he was being dragged by the car, which he says to other officers in bodycam footage. But an independent report showed that the car moved because Dubose’s foot pressed on the accelerator after he was shot.
The report also said that the shooting was unnecessary and “critical errors in judgement” on Tensing’s part caused the situation to escalate.
Prosecutor Joe Deters will base his decision on whether or not to have a retrial on the likelihood of the success of a second trial.